MEMBERSHIP TERMS & CONDITIONS
This Membership is owned and operated by The Vegetable Village Trust ABN 20430727572 trading as Family Mealtimes (‘Family Mealtimes’, ‘we’, ‘our’, or ‘us’).
By accessing the Membership, you:
- acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
- warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.
We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Membership. If at any time you choose not to accept these Terms, you should discontinue your use of our Membership.
By continuing to access this Membership, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
You may apply to access the Membership by completing the application form and paying the Membership Fee on our Site https://familymealtimes.com.au/ (‘Site‘). You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Membership if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Membership application for any reason.
Your access to the Membership commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Membership Fees’). Your Membership continues until terminated under these Terms or the Membership is discontinued. We will provide you with 30 days’ notice should we plan to discontinue the Membership.
To access the Membership, you may be required to create an account. In doing so, you must provide accurate information, including your name, address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.
The Membership Fees are payable in full upfront for the selected period (annual, quarterly or monthly). You authorise us to automatically charge the card on file at the start of each billing period for the following year, quarter or month’s Membership, and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Membership. You will be liable for all outstanding payments, including any costs incurred by us trying to recoup the outstanding Membership Fees such as debt collection agency costs, including any legal costs on any Membership Fees that remain outstanding.
You acknowledge and accept that should we decide to increase our Membership Fees, you will not be required to pay the increased cost and will continue to be billed at the rate you accepted at the start of your membership Should you choose to cancel your Membership, you may do so in accordance with our Cancellation Policy, but you will not be eligible for the same pricing structure in the future.
To receive the content and value of Family Mealtimes AND to maintain the rate at which you signed up, you must maintain an active membership. Your account cannot be put on hold, but you can cancel at any time with zero obligations (and choose to sign back up at a later date at the new price).
REFUNDS AND CANCELLATIONS
The Membership Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.
If you would like to cancel your Membership, you may do so at any time by providing us with 30 days’ notice (for annual subscriptions) or 7 days’ notice (for monthly subscriptions) to prevent the automatic payment of your next payable Membership Fee. You can choose to cancel your own membership at any point before the next automatic payment date. Once your Membership has been cancelled, you will no longer be charged. However, if the requisite notice is not provided, you will incur a non-refundable Membership Fee for the next billing cycle.
During your Membership, we will provide you with certain Membership Entitlements, including:
- Access to the member-only website https://familymealtimes.com.au/
- Access to the member-only Facebook group
If a Force Majeure event of any kind requires that any Membership Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Membership Entitlements that are unable to proceed due to a Force Majeure event.
From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other memberships, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.
During the Membership, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform. If you breach the rules of the online group, your access to the group will be revoked and, depending on the severity of the breach, your access to the Membership may also be revoked.
We reserve the right to cease operating any associated online group with 7 days’ notice to you.
Generally, we review products and or services that we seek out. Our intention is to provide you with an unbiased professional opinion. Opinions expressed on our website are entirely ours and are not influenced in any way.
However, from time to time we will receive products and or services to either review or use as part of our membership; an affiliated payment or in kind benefit for a review. We will disclose in the relevant publication on our website when we have received a product or service in such a way.
We are committed to your enjoyment of and satisfaction with the Membership. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form https://familymealtimes.com.au/contact and include:
- your name;
- the email address you used to apply for the Membership;
- details of your concern or complaint;
- details of what you would like us to do to resolve the matter; and
- copies of any relevant correspondence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.
Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.
INTELLECTUAL PROPERTY RIGHTS
As part of the Membership, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Membership and the Materials.
To the extent required for participation in the Membership, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use, and you agree not to:
- modify the Materials;
- copy or share the Materials or in any way cause or allow them to be copied or shared;
- assign or transfer your membership of the Membership to any other person without our express written consent; or
- sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.
If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to the Membership and the Materials without refund and pursue legal remedies.
For any intellectual property that you provide us with through your Membership (‘Member Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Member Content (including distribution for promotional purposes). By participating in the Membership, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Member Content at our discretion.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
You acknowledge that part of your Membership may include recording (in audio and/or video format) your participation in the Membership, where you may feature prominently. These recordings are both for the purposes of providing the Membership and for us to use in our promotional material to market the Membership. You consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.
We reserve the right to terminate your access to the Membership with immediate effect if:
- you do not pay the Membership Fees when due;
- you infringe our Intellectual Property Rights;
- you engage in conduct that is injurious or potentially harmful to our reputation;
- you disclose Confidential Information without consent;
- your actions are contrary to our interests;
- we consider that mutual trust and/or confidence no longer exists; or
- you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.
If we terminate your access to the Membership, we may, at our sole discretion, refund any prorated balance of the Membership Fee already paid by you.
You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Members. We will not disclose any information you provide except as set out in these Terms.
However, these obligations of confidentiality do not apply to any disclosure that:
- is for the purpose of performing the Terms or exercising a party’s right under the Terms;
- is required by Applicable Law; or
- relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.
In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Membership or its content:
- for any unlawful purpose;
- if you or your business in any way competes with our business;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, or otherwise interfere with the Membership or any of its Materials;
- to infringe upon any other person's proprietary rights; or
- to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.
WARRANTIES AND INDEMNITIES
We provide the Membership and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.
You agree that you engage in the Membership at your own risk.
Except as expressly permitted by law, we cannot be held liable for:
- any loss or damage that you may suffer as a result of your participation;
- your inability to participate in the Membership for any reason;
- your failure to maintain the security of your login details that enable you to access the Membership;
- the statements or conduct of any third party; or
- your reliance on the suggestions or recommendations of any third party or Membership participant.
You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.
INFORMATION AND ADVICE
Any content or information provided in the Membership is of a general nature only and does not constitute professional individual advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Membership. No part of the Membership is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.
You are responsible for determining whether the Membership is right for you. We reserve the right to terminate or suspend your access to the Membership at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.
Any reference to other products or services, programs, memberships, processes or other information appearing within the Membership does not constitute or imply our endorsement, sponsorship or recommendation in any way.
When you apply to take part in the Membership, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).
These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Membership.
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.
These Terms constitute our entire agreement with you about the Membership and supersede all previous agreements, understandings and negotiations.
GOVERNING LAW AND JURISDICTION
The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.
Effective Date: 13 September 2022
(a) Mealtime Enterprises (ACN 628 141 211) ATF Vegetable Village Trust ('we', 'our', 'us') as owner and manager of www.familymealtimes.com.au ('our website') is bound by the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth).
(b) We must have policies and procedures in place in order to protect personal information that we collect about you ('you', 'your').
- Personal Information
(a) Personal Information is information or an opinion relating to an individual that can be used to identify that individual.
(b) We may only collect your Personal Information in order to perform the function of our services including for record keeping purposes, to improve the quality of our services and business, for market research, and to track the sales on our website ('Our services').
(c) We may use and disclose your Personal Information in order to:
(i) conduct our services;
(ii) communicate with you;
(iii) comply with legal obligations and to help improve our services.
(d) In order to conduct our services, we may appoint third party organisations, who may be located outside of Australia, to carry out activities on our behalf ('Third Parties'), including for example, delivery organisations, finance providers, third party suppliers and agents. These Third Parties may have access to your Personal Information needed to perform their function within the framework of our services. The Third Parties cannot use that information for other purposes.
(e) You have a right to gain access to the Personal Information that we hold about You. However, should there be any governing law that will prevent us from allowing you to access your information we will provide You with the reasons for the denial of access.
- Collection and use of information through our website
(a) We may collect certain information from our website regarding the activity of users.
(c) We take great care to protect your Personal Information on our website; however, no data transmission over the internet can be guaranteed to be secure. Should you transmit your Personal Information it is at your own risk.
(d) Our detailed Cookies Policy can be found here.
- External hyperlinks
(a) Our website may contain external hyperlinks to other sites ('External Site') whose information practices may be different to ours. You should consult the External Site's privacy statements.
(b) We are not responsible for how an External Site collects, uses and discloses your information.
(a) The security of your Personal Information is important to us.
- How to contact us
(b) If at any time you decide that we should no longer hold any of your Personal Information or wish to change the use to which any such Personal Information can be put, please let us know by emailing us at this address.
- How to make a complaint
(a) If you have a complaint about how we are handling your Personal Information you can contact us in accordance with 6(a).
(b) We believe in doing right by our users and want to do right by you.
(c) If you are not satisfied that we can resolve your complaint you can raise your concern with the Office of the Australian Information Commissioner:
Phone: 1300 363 992
Mail: GPO Box 5218 Sydney NSW 2001
GPO Box 2999 Canberra ACT 2601
Effective Date: 13 September 2022
To make this website www.familymealtimes.com.au ('our website ') work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.
- What are cookies?
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you do not have to keep re-entering them each time you return to the website or browse from one page to another.
(i) identify users;
(ii) remember users' custom preferences; and
(iii) help users complete tasks without having to re-enter information when browsing from one page to another or when visiting our website later.
(a) Cookies can also be used for online behavioural target advertising and to show advertisements relevant to something that the user searched for in the past.
4.2. How are they used?
(a) The web server supplying the webpage can store a cookie on the user's computer or mobile device. An external web server that manages files included or referenced in the webpage is also able to store cookies. All these cookies are called 'http header cookies'.
4.3. What are the different types of cookies?
(a) A cookie can be classified by its lifespan and the domain to which it belongs. By lifespan, a cookie is either a:
(i) session cookie which is erased when the user closes the browser; or
(ii) persistent cookie which remains on the user's computer and or device for a pre-defined period of time.
(b) As for the domain to which it belongs, there are either:
(i) first-party cookies which are set by the web server of the visited page and share the same domain; or
- How to control cookies
(a) You can control cookies according to your browser preferences.
(b) For details, see www.aboutcookies.org. You can delete all cookies that are already on your computer, and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site, and some services and functionalities may not work.